Idaho Law Blog

Estate Planning: 5 Things you Should Do Right Now

Published on: March 1, 2017 | by Racine Olson

Yes it’s true that no one wants to think about death. Yes, it’s also true that thinking about it come up with sugar completing your estate planning can be overwhelming. However, there are two realities that no one can escape: Death and Taxes. This blog is not about taxes. It is about death.

We all know that we are going to someday die. No one wants to think about that occurring or believe that it will happen to them before they are ready. The reality though is that death occurs all the time and it also occurs to people who are not ready. To make sure you are ready, here are five things that you should do right now to assure that you are prepared.

Young Niece of Celebrity Brings Attention to ATV Risk for Kids

Published on: February 28, 2017 | by Racine Olson

atv National attention was directed towards the harrowing accident of 8 year-old Maddie Spears, niece of pop singer Britney Spears, which occurred nearly two weeks ago. After a crash on a Polaris All-Terrain Vehicle (ATV) on the family’s property in Louisiana, Maddie was airlifted to a nearby hospital and left unconscious for two days. Her recovery has been described as nothing short of miraculous. The 8 year-old apparently swerved to dodge a drainage ditch and flipped the Polaris ATV.

ATVs (all-terrain vehicles) and UTVs (utility-task vehicles) are widely used by families not only for recreational purposes but also for work-related uses, especially in rural areas. Data from the Motorcycle Industry Council and the Specialty Equipment Market Association indicates that ATV sales in the U.S. have increased substantially over the past 10 years.

Off-Road vehicles present big safety risks for young people. Children under the age of 16 should not be allowed to drive a UTV or adult ATV and should always ride an ATV that is suitable for their age. Riders under the age of 16 should always be supervised by an adult. Idaho unlicensed operators under the age of 16 must have completed a motorbike or an approved ATV safety course to ride on national forest roads. See I.C. §49-302 (11) a.

4 Things to Know About Estate Planning and Community Property

Published on: February 28, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Idaho is a community property state. Estate planning is affected by property and it’s designation as to whether it is community property or not. There are many times when I am assisting people in completing their estate planning that they are surprised to learn how community property affects their ability to give gifts to others.Here are the four main things to know about Estate Planning and community property.

1. COMMUNITY PROPERTY IS JOINTLY OWNED

PLANNING FOR INDIVIDUALS WITH ALZHEIMER’S

Published on: February 27, 2017 | by Racine Olson

Those of us with loves ones suffering from Alzheimer’s understand the amount of effort required to provide our loved ones with proper care. Alzheimer’s is ruthless and often causes significant behavioral changes to the point where individuals who suffer from the disease require professional assistance – often in an assisted living or skilled nursing facility.

Alzheimer’s is a type of dementia that causes problems with memory, thinking and behavior. Alzheimer’s is a progressive disease, where dementia symptoms gradually worsen over a number of years. In its early stages, memory loss is mild; however, during its later stages individuals lose the ability to carry on a conversation and respond to their environment.

Alzheimer’s is the sixth leading cause of death in the United States. Those with Alzheimer’s live an average of eight years after their symptoms become noticeable to others, but survival can range from four to twenty years, depending on age and other health conditions.

What is going to happen to DACA under President Trump?

Published on: February 27, 2017 | by Racine Olson

By Joseph G. Ballstaedt

While on the campaign trail, Trump promised to repeal DACA, but his tone has changed since being elected. Should DACA recipients feel safe or should they be worried?

DACA, or the Deferred Action for Childhood Arrivals, is a program that began under President Obama. OnJune 15, 2012, he announced that the U.S. Department of Homeland Security (DHS) would not deport undocumented youth who came to the United States as children and met other criteria. These beneficiaries of DACA are often called “Dreamers.” They receive two-year work permits that can be renewed and that keep them from being categorized as deportation priorities.

3 Steps to Having an Effective Living Will

Published on: February 27, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Many of my estate planning clients do not know what a Living Will is or how it is a part of estate Planning. It is important to understand that a Living Will is a vital part of estate planning. It has nothing to do with giving away your assets. Rather, a Living Will is a directive signed by you that informs your Physicians and medical care providers about the decision you have made concerning how your life is too end. It gives you the ability to provide specific instructions now while you are able, so that if a time comes when you can no longer communicate your directive as written in your Living Will will be followed. Here are the 3 main steps to having an effective Living Will.

1. PUT IT IN WRITING

Pedestrian v Pick-Up Crash Claims Life of 44 Year-Old Man

Published on: February 26, 2017 | by Racine Olson

The ISP reports that a pedestrian was killed on Friday evening, February 17, 2017. Around 9:00 p.m. a 44 year-old male from Yakima, Washington walked into the lane of traffic on I-84 at the Exit 27 off ramp for Centennial Road in the City of Caldwell, Canyon County. A pick-up driven by a 27 year-old from Caldwell struck the pedestrian causing fatal injuries. The off ramp was blocked for approximately two hours. The crash is still under investigation by the ISP.

Overall in Idaho, crashes involving pedestrians decreased in 2015; there were 8 fatalities involving pedestrians. Impaired pedestrians were involved in 6% of all pedestrian crashes and 25% of fatal pedestrian crashes.

When walking, it is important to be aware of your surroundings and be watchful for unexpected situations. Walking with headphones reduces your sense of hearing and increases the likelihood that you will be struck by an approaching vehicle or bicycle. Talking or texting on a cell phone while walking can distract you and take your attention away from the environment around you.

3 Reasons You Should Plan for Your Own Disability in Your Estate Planning

Published on: February 26, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

The advances in medicine over the last several decades are truly amazing. The effect is that people are living much longer now than they ever have. While this may seem like a good result, the reality is that because people are living longer there are more and more individuals who become disabled in their later years. As a result of this, each person should plan for their own disability in their estate planning by creating a valid Power of Attorney. Here are the three main reasons for having a Power of Attorney as part of your estate plan.

1. AVOID A COSTLY GUARDIANSHIP PROCEEDING

3 Reasons to Name Successors in Your Estate Planning

Published on: February 25, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

There are many times when I am helping my clients complete their estate planning that they bring to me the estate planning documents they created themselves online or through a software program they picked up at the local office supply store. Usually these documents are brought to me with the question of whether they are valid and enforceable in Idaho. Many times they are not. One of the ways that these types of a state plan usually fail is that they do not name successors.

A successor is a first, second, and third choice of persons that you have named to take care of portions of your estate planning for you when you are no longer able to do them for yourself. Most online and software estate plans do not provide for successors. There are three main reasons that you should name successors in your estate planning to help it be complete.

3 Main Steps to Completing Your Estate Planning

Published on: February 24, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

If there’s one thing I’ve learned after 18 years of practicing estate planning law it’s that most people believe completing their estate planning is more complicated than it really is. After helping hundreds of clients complete their estate planning I’ve come to see that the process is really quite simple. In fact, there really are only three main steps to completing your estate planning. 　When he steps are considered and followed creating an estate plan is really quite easy.

1. REVIEW YOUR RELATIONSHIPS